Case Note & Summary
The appellants, original accused Nos. 2 and 4, were convicted by the Additional Sessions Judge, Shahada, in Sessions Case No. 44 of 2001 for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentenced to life imprisonment and a fine of Rs.500 each. They appealed against the judgment and order dated 10.01.2003. The brief facts of the case are that the prosecution alleged that the appellants, along with other accused, committed the murder of the deceased. The sole eyewitness, who was examined, turned hostile and did not support the prosecution case. The other evidence on record was found to be inconsistent and doubtful. The court analyzed the evidence and found that the prosecution failed to prove the guilt of the appellants beyond reasonable doubt. The court noted that the identification of the appellants was not reliable and the circumstances did not conclusively point to their guilt. Consequently, the court allowed the appeal, set aside the conviction and sentence, and acquitted the appellants. The court directed that the appellants be set at liberty forthwith unless required in any other case.
Headnote
A) Criminal Law - Murder - Conviction under Section 302 read with Section 34 IPC - Appeal against conviction - Appellants convicted for murder based on testimony of sole eyewitness - Witness turned hostile and did not support prosecution case - Other evidence inconsistent and doubtful - Held that conviction cannot be sustained when evidence is unreliable and prosecution fails to prove guilt beyond reasonable doubt (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with Section 34 IPC is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellants acquitted. They are directed to be set at liberty forthwith unless required in any other case.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Identification of accused
- Circumstantial evidence
- Section 302 IPC
- Section 34 IPC
